J  K 


GIFT  OF 


r  2  1895 


PRIMARY  ELECTION  LAW 


CITY  AID  COUNTY  OF 


COUNTY  OF  LOS  ANGELES. 


ENACTED   BY  THE   LEGISLATURE  OF  1895. 


PUBLISHED   BY   AUTHORITY   OF   LAW. 


L  H.  BROWN, 


SECRETARY  OF  STATE. 


USI7BESIT7 


SACRAMENTO: 

STATE   OFFICE,   :  :  :  :  :  A.  j.  JOHNSTON,  SUPT.  STATE   PRINTING. 

1895. 


PRIMARY  ELECTION  LAW. 


CHAPTER  CLXXXI. 

An  Act  providing  for  a  ^general  primary  election  in  counties  of  cer- 
tain classes  within  the  State  of  California,  and  to  promote  the 
purity  thereof  by  regulating  the  conduct  thereof,  and  to  support 
the  privileges  of  free  suffrage  thereat,  by  prohibiting  certain  acts 
and  practices  in  relation  thereto,  and  providing  for  the  punish- 
ment thereof. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

SECTION  1.     The  primary  elections  for  delegates  to  constitute  Primary 
the  various  respective  political  conventions  for  the  nomination  el 
of  candidates  for  public  office  shall  hereafter  be  held  in  this 
State  under  and  pursuant  'to  this  Act.     A  convention  to  nomi- 
nate candidates  to  be  voted  for  by  the  electors  of  the  entire 
State  shall  be  known  as  a  "  State  Convention."     Conventions  conven- 
to  nominate   members  of  Congress,  of   the  Board  of  Equal-  defined, 
ization,  or  Railroad  Commissioners  shall  be  known  as  "Dis- 
trict Conventions."     All  other  conventions  shall  be  known  as 
"  Local  Conventions." 

A  general  primary  election  for  the  election  of  delegates  to  Time  for 
the  State  and  various  local  and  district  conventions  in  the  year  genera? 
eighteen  hundred  and  ninety-six,  and  every  two  years  there-  primary 
after,  shall  be  held  on  the  second  Tuesday  in  the  month  of 
July  in  that  year.     The  day  for  holding  such  primary  shall  be 
a  legal  holiday,  and  the  Governor  of  this  State  shall  issue  a 
proclamation  to  that  effect  in  accordance  with  this  Act. 

SEC.    2.     All  political  parties   or    organizations  of  electors,  Proceed- 
desiring  to  hold  a  convention  or  conventions  for  the  purpose  of  sa 
nominating  candidates  for  public  office,  to  be  voted  for  at  the  hol"din& 
ensuing  general  election,  must  petition  the  Board  of  Election  tions. 
Commissioners  of  the  county,  or  city  and  county,  in  writing, 
at  least  thirty  days  before  the  day  for  such  general  primary 
election,  which  petition  must  set  forth: 

First — The  names  by  which  such  political  party  or  organiza- 
tion is  known,  or  desires  to  be  known. 

Second — That  such  political  party  or  organization  is  desirous 
of  and  intends  to  hold  a  convention,  or  conventions,  of  dele- 
gates representing  said  party  or  organization — designating  the 
time  and  place  of  holding  any  such  convention,  or  conventions — 
for  the  purpose  of  nominating  candidates  for  offices  to  be  voted 
for  by  the  people  of  the  State  pJ^'fiy&tY,  or  c^y  and  county,  or 


_   4 


when  by 


selection 


be  drawn 
officers.1100 


both,  at  the  next  ensuing  general  election,  and  is  desirous  of 
electing  delegates  to  such  convention,  or  conventions,  to  be  held 
for  that  purpose,  under  the  provisions  of  this  Act,  and  request- 
ing that  the  Board  of  Election  Commissioners  of  the  county, 
city  or  county,  perform  the  services  hereinafter  prescribed  in 
this  Act. 

If  such  political  party  is  one  which  by  reason  of  its  previous 
vote  is  entitled  to  hold  a  convention  defined  by  sections  eleven 
hundred  and  eighty-six  and  eleven  hundred  and  eighty-seven 
of  the  Political  Code,  such  petition  must  be  authenticated  by 
the  signature  of  the  Chairman  and  Secretary  of  its  State  Com- 
mittee, selected  at  its  last  State  convention  of  such  party,  veri- 
fied by  the  oath  of  such  signers  that  the  facts  therein  stated 
are  true,  and  that  the  said  signers  are  the  Chairman  and  Secre- 
tary of  said  committee.  No  political  party  or  organization  can 
use  the  name  of  another  political  party  or  organization,  or  any 
name  or  designation  so  similar  to  another  party  name  that  it 
may  deceive  voters. 

SEC.  3.  Any  political  party  or  political  organization  which, 
at  the  last  election  preceding  the  filing  of  such  application, 
shall  not  have  polled  at  least  three  per  cent  of  the  entire  vote 
cast  in  the  political  division  for  which  nominations  are  sought 
to  be  made,  may  file  with  the  Election  Commissioners  of  the 
county,  or  city  and  countj^,  in  which  such  general  primary  elec- 
tion is  to  be  held,  a  petition,  signed  by  at  least  three  per  cent 
of  the  voters  of  the  political  division  for  which  nominations 
are  sought  to  be  made,  which  need  not  all  be  on  one  paper; 
which  petition  shall  set  out  all  the  facts  required  to  be  set  forth 
in  the  application  in  this  Act  provided  for;  and  such  petition 
must  be  verified  in  the  same  manner  as  required  for  a  certificate 
of  nomination  mentioned  in  section  eleven  hundred  and  eighty- 
eight  of  the  Political  Code.  Upon  the  filing  of  such  petition, 
the  Election  Commissioners  of  the  county,  or  city  and  county, 
in  which  said  primary  election  is  to  be  held,  shall  order  its 
Clerk  to  issue  to  said  political  organization  a  certificate  similar 
to  that  in  this  Act  provided  to  be  issued  to  existing  political 
parties,  which  certificate  shall  entitle  the  petitioners  to  partici- 
pate in  the  said  general  primary  election,  and  shall  entitle  them 
to  all  privileges  and  rights  secured  and  granted  to  other  polit- 
ical parties  heretofore  existing,  both  at  said  primary  election 
and  at  the  ensuing  general  election;  that  is  to  say,  having 
complied  with  all  the  requirements  in  this  Act  provided,  the 
petitioners  shall  be  recognized  as  a  political  party  or  organiza- 
tion. Such  certificate  shall  be  issued  to  all  parties  petitioning, 
stating  the  name  of  the  party,  the  date  of  the  primary,  the  ter- 
ritory over  which  it  will  extend,  and  be  signed  by  the  Clerk  of 
such  Board. 

SEC.  4.  During  the  month  of  January  of  each  year  in  which 
a  general  election  is  to  be  held,  it  shall  be  the  duty  of  the  Board 
of  Election  Commissioners  of  each  county,  and  city,  and  city 
and  county  to  select  from  the  last  assessment  roll  of  the  county, 
or  city,  or  city  and  county,  the  names  of  not  less  than  thirty 
electors  residing  in  each  election  precinct  of  such  county,  or 


city,  or  city  and  county;  such  selection  to  be  made  from  each 
of  the  political  parties  then  existing,  in  as  nearly  an  equal 
proportion  as  practicable;  and  to  write  the  name  of  each  person 
so  selected  on  a  separate  piece  of  paper,  and  to  fold  said  paper 
so  that  the  name  written  thereon  cannot  be  seen  or  read  with- 
out unfolding  the  same;  and  when  the  names  are  so  written  and 
folded,  to  put  all  of  the  names  so  selected  from  each  separate 
election  precinct  in  an  envelope,  then  to  close  and  securely 
seal  such  envelope,  and  to  write  the  name  and  number  of  the 
precinct  from  which  such  selection  was  made  on  the  outside  of 
such  envelope;  and  when  the  names  so  selected  from  each  elec- 
tion precinct  in  such  county,  or  city,  or  city  and  county,  shall 
have  been  so  placed  in  separate  precinct  envelopes,  and  each 
sealed  and  numbered  so  as  to  designate  the  precinct  from  which 
each  selection  was  so  made,  then  all  of  the  said  envelopes  so 
marked  and  sealed  shall  be  placed  in  a  box,  to  be  provided  by 
each  Board  of  Election  Commissioners  for  that  purpose,  and 
such  box  shall  then  be  securely  locked  and  sealed,  and  safely 
kept  by  said  Board  of  Election  Commissioners  until  required 
by  them  for  use  as  hereinafter  provided.  The  names  so  selected 
shall  be  forthwith  recorded  in  a  book  for  that  purpose  by  the 
Clerk  of  the  Board  of  Election  Commissioners,  which  book 
must  be  kept  open  at  all  times  to  public  inspection,  and  the 
said  Clerk  shall  also  publish  said  names  once  in  some  paper  of 
general  circulation  in  the  county,  or  city  and  county,  within  ten 
days  after  the  names  are  so  selected. 

SEC.  5.  Twenty  days  before  the  holding  of  such  primary  Manner  of 
election  the  said  Board  of  Election  Commissioners  shall  open  |[fk°f*°g 
the  said  box  in  the  presence  of  a  majority  of  said  Board,  and  officers, 
in  the  presence  of  each  of  the  members  of  the  various  political 
parties  as  may  be  present  to  witness  the  same,  and  shall  then 
take  from  said  box  the  said  envelopes,  one  at  a  time,  and  as 
each  envelope  is  taken  from  the  box  it  shall  be  opened  and 
the  names  therein  contained,  without  being  unfolded,  shall  be 
placed  in  a  separate  box  suitable  for  the  purpose;  and,  after 
being  thoroughly  shaken,  the  Clerk  of  said  Board,  in  the  pres- 
ence of  the  Board,  shall  draw  from  said  box  the  name  of  one 
person,  who  shall  be  the  Inspector  of  the  primary  election  in 
such  precinct;  said  Clerk  shall  then  draw  irom  said  box  the 
names  of  two  persons,  who  shall  be  the  Judges  of  such  primary 
election  in  said  precinct;  and  the  names  of  two  other  persons 
shall  be  drawn  in  like  manner,  who  shall  be  the  Clerks  of  such 
primary  election;  provided,  that  if  the  persons  whose  names  are 
drawn  for  Judges  and  for  Clerks  shall  both  belong  to  one  polit- 
ical party  the  Clerk  of  said  Board  shall  lay  aside  the  last  name 
drawn  for  Judges,  and  also  for  Clerks,  and  draw  other  names 
from  such  box  until  only  one  Judge  and  one  Clerk  who  belong 
to  the  same  political  party  are  selected;  and  the  same  course 
shall  be  pursued  in  each  precinct  until  the  election  officers  are 
selected  in  each  precinct  in  such  county,  or  city,  or  city  and 
county.  Should  all  the  names  be  drawn  from  said  box  and 
not  a  sufficient  number  of  election  officers  be  selected,  the  said 
Board  of  Election  Commissioners  must  select  and  deposit  more 


names  in  the  box,  and  continue  to  draw  therefrom  until  all 
the  election  officers  are  selected;  provided,  that  such  subsequent 
selection  shall  be  made  from  the  electors  of  the  precinct  in  the 
same  manner  as  those  first  selected,  as  provided  for  in  section 
four  of  this  Act. 

Pubiica-  SEC.  6.  It  shall  be  the  duty  of  the  Clerk  of  the  Board  of 
tion.  Election  Commissioners  to  publish  in  some  newspaper  pub- 
lished in  the  county,  of  general  circulation,  as  soon  as  they  are 
selected,  the  names  of  the  persons  so  selected,  with  the  names 
of  the  precincts  in  which  they  severally  are  to  serve,  and  the 
locations  of  the  polling  places.  He  shall  also  send  a  communi- 
cation to  each  person  so  chosen,  through  the  mail,  by  registered 
letter,  postage  paid,  to  his  post  office  address,  informing  him  of 
his  selection,  and  of  the  precinct,  and  the  capacity  in  which  he 
is  to  serve. 

Election  ^Ec-  ^ -  ^  ^all  De  ^e  duty  of  every  person  so  chosen  to  act 
officers  as  such  election  officer  at  such  a  general  primary  election,  to 
rve>  perform  the  services  required  of  him  in  such  capacity;  and  any 
person  so  chosen  to  act  who  shall,  without  having  been  excused 
therefrom  by  the  Board  of  Election  Commissioners  for  sickness 
of  self  or  family,  or  other  good  cause,  fail  or  refuse  to  act  in 
the  capacity  for  which  he  is  chosen,  shall  be  deemed  guilty  of  a 
misdemeanor;  and  in  case  he  is  so  excused,  the  Clerk,  in  the 
presence  of  the  Board,  shall  select  another  person  from  said 
box  to  serve  in  his  place.  It  shall  be  the  duty  of  each  of  the 
persons  so  chosen  to  appear  at  the  polling  places  in  the  precinct 
for  which  he  is  chosen,  before  the  time  of  opening  the  polls,  and 
there  take  the  oath  of  office,  as  prescribed  in  the  general  elec- 
tion law,  and  perform  the  duties  imposed  upon  him  by  the  pro- 
visions of  this  Act.  But  in  case  of  the  failure  of  any  of  the 
election  officers  so  selected  to  appear  at  the  time  the  polls 
should  be  opened,  or  within  ten  minutes  thereafter,  the  election 
officers  present  must  choose  some  resident  elector  of  the  precinct 
Exemption  to  fill  the  vacancy.  All  persons  serving  as  officers  of  election 
ry  at  a  primary  election  held  under  the  provisions  of  this  Act,  shall 
be  exempt  from  jury  duty  for  the  term  of  one  year  thereafter, 
and  such  person  shall  receive  from  the  Board  of  Election  Com- 
missioners of  the  county,  or  city,  or  city  and  county,  in  which 
such  service  is  rendered,  a  certificate,  setting  forth  the  fact  of 
such  service  as  an  officer  of  a  primary  election,  stating  the  time 
of  service;  and  such  certificate,  on  being  presented  to  a  Court 
in  which  such  election  officer  has  been  summoned  to  appear  as 
a  juror,  shall  be  deemed  sufficient  to  excuse  the  person  named 
therein  from  service  as  a  juror  at  any  time  within  one  year  from 
the  date  of  service  named  in  such  certificate. 

Ballot-  SEC.  8.     It  shall  be  the  duty  of  the  Board  of  Election  Corn- 

number,      missioners  of  the  county,  or  city  and  county,  to  furnish  ballot- 
etc-  boxes  for  each  precinct  where  such  primary  is  to  be  held,  of  the 

kind  and  character  which  were  required  to  be  used  at  the  gen- 
eral election  held  in  this  State  in  the  year  eighteen  hundred 
and  ninety,  and  there  must  be  furnished  as  many  separate  ballot- 
boxes  at  each  precinct  as  there  are  parties  or  organizations 
entitled  by  law  to  participate  in  such  primary.  Each  such 


ballot-box  must  have,  in  distinct  letters  and  words,  upon  the 
front  of  such  box,  the  name  of  the  respective  political  party  or 
organization  for  whose  use  it  is  intended.  All  the  ballot-boxes 
must  be  placed  in  a  row,  side  by  side,  fronting  so  that  the  front 
of  each  box  shall  be  in  the  same  direction,  and  be  where  the 
voters  can  easily  approach  such  boxes  and  present  their  ballots, 
and  the  said  party  name  on  each  box  must  be  on  the  front  of 
each,  so  as  to  be  easily  seen  and  distinguished  by  any  voter 
within  six  feet  of  such  box.  Every  person  desiring  to  vote  at 
such  primary  must  deposit  one  ballot  only,  upon  which  must 
be  the  names  of  all  delegates  for  whom  he  desires  to  vote;  and 
it  shall  be  the  duty  of  the  Clerk  of  the  Board  of  Election  Com- 
missioners of  the  county,  or  city  and  county,  in  which  said 
general  primary  election  is  to  be  held,  to  designate  in  the 
certificate  which  is  in  this  Act  provided  to  be  furnished  to 
political  parties,  the  color  of  the  paper  upon  which  the  ballots  color  of 
are  to  be  printed,  and  there  shall  be  so  designated  for  each  ballots- 
political  party  participating  in  said  general  primary  election, 
a  color  to  be  by  them  used  for  the  paper  upon  which  such 
ballots  are  to  be  printed,  which  color  shall  be  in  each  case 
distinctive  and  easily  distinguishable  from  the  color  to  be 
used  at  said  primary  election  by  any  other  political  party;  and 
the  name  or  designation  of  each  political  party  must  be 
plainly  written  or  printed  at  the  head  of  each  ticket.  The  Manner  of 
election  officers  shall  stand  behind  the  ballot-boxes,  and  as  voting, 
each  voter  approaches  to  vote,  when  it  is  ascertained  that  he 
is  entitled  to  vote,  he  shall  be  asked  by  the  proper  election  officer 
in  what  box  he  desires  to  cast  his  ballot,  and  Avhen  the  voter 
has  declared  the  fact,  it  shall  be  noted  in  the  register  by  the 
Clerk  in  which  box  he  votes,  by  writing  in  the  register  opposite 
his  name  the  name  on  the  box  in  which  he  votes,  and  there- 
upon his  ballot  shall  be  received  by  the  Judge  of  Election  or 
Inspector  and  deposited  in  the  box  named  by  such  voter,  and 
in  no  other,  in  the  presence  of  the  voter. 

SEC.  9.     There  shall  be  as  many  polling  places  for  the  pur-  Polling 
pose  of  such  general  primary  election  as  are  provided  for  at  a  places- 
general  election;  that  is,  a  polling  place  in  each  precinct;  and 
each  political  party  may  file  with  the  Board  of  Election  Com- 
missioners a  list  of  the  precincts  and  number  and  name  of 
street  or  locality  in  town,  or  township,  where  they  want  such 
polling  places,  and  it  shall  be  the  duty  of  the  Board  of  Election 
Commissioners  to  examine  said  lists  and  decide  which  polling 
places  will  be  the  most  convenient  for  the  voters  of  the  precinct. 
The  polls  shall  be  kept  open  from  nine  o'clock  A.  M.  to  sunset  Pon8  open. 
on  the  day  of  holding  said  primary  election,  and  shall  be  at 
all  times  kept  open  to  the  public  during  the  reception  of  bal- 
lots, and  until  the  same  are  counted  and  the  results  declared. 
There  must  be  furnished,  by  the  Board  of  Election  Commis-  Registra- 
sioners,  to  the  election  officers  in  each  precinct,  for  use  at  such 
primary  election,  a  register  containing  the  names  of  each  person 
entitled  to  vote  in  such  precinct  at  the  last  preceding  general 
election,  as  shown  by  the  Great  or  Precinct  Register,  or  both. 
Before  receiving  any  ballots  the  election  officers  must,  in  the 


presence  of  any  persons  assembled  at  the  polling  place,  open, 
and  exhibit,  and  close  the  ballot-boxes,  and  thereafter  neither 
of  them  must  be  removed  from  the  polling  place  or  presence 
of  the  bystanders  until  all  the  ballots  are  counted,  nor  must 
either  box  be  opened  until  after  the  polls  are  finally  closed. 
Before  the  election  officers  receive  any  ballots  they  must  cause  it 
to  be  proclaimed  aloud  at  the  place  of  such  primary  election 
that  the  polls  are  open,  and  when  the  polls  are  closed  that  fact 
must  be  proclaimed  aloud  at  the  place  of  such  election;  and 
after  such  proclamation  no  ballots  must  be  received.  Voting 
may  commence  as  soon  as  the  polls  are  opened,  and  may  be 
continued  during  all  the  time  the  polls  remain  open.  The 
ballots  must  be  so  folded  when  deposited  that  no  person  can 
see  any  name  printed  or  written  thereon.  As  soon  as  the  polls 
canvass  of  are  finally  closed,  the  election  officers  must  immediately  pro- 
ceed to  count  and  canvass  the  votes  given  at  such  primary  elec- 
tion. The  canvass  must  be  public,  in  the  presence  of  the 
bystanders,  and  every  political  party  shall  be  entitled  to  have 
at  least  two  representatives  present.  The  canvass  must  be  con- 
tinued without  adjournment  until  completed  and  the  result 
thereof  is  declared;  but  one  box  shall  be  opened  and  can- 
vassed at  the  same  time,  and  no  other  box  shall  be  opened 
until  such  box  being  canvassed  is  completed  and  the  result 
written  out  and  certified  and  declared.  Except  as  herein  other- 
wise provided,  said  votes  shall  be  counted,  canvassed,  listed, 
strung,  numbered,  tallied,  in  the  same  manner  required  by  law 
for  the  counting,  canvassing,  listing,  stringing,  numbering,  and 
tallying  of  votes  at  a  general  election  for  public  officers,  and 
the  tally  lists,  ballots,  and  registers  must  be  signed,  certified, 
made  up,  sealed,  delivered,  preserved,  and  kept  in  the  same 
manner  as  required  by  law  at  a  general  election  for  public 
officers. 

SEC.  10.  When  the  counting  of  the  ballots  is  completed  the 
election  officers  in  each  such  precinct  shall  officially  declare  the 
result,  and  shall  furnish  to  the  candidates  having  received  a 
plurality  of  all  the  votes  cast  in  such  precincts  for  delegates  to 
each  political  party  to  the  county  or  district  conventions,  when 
a  delegate  is  to  represent  a  precinct,  a  certificate,  which  cer- 
tificate shall  be  signed  by  all  of  the  precinct  election  officers, 
and  be  delivered  by  them  to  the  successful  candidate;  and 
such  certificate,  when  so  delivered,  shall  be  the  only  credential 
required  of  any  delegate  to  the  party  convention  to  which  he 
was  elected.  They  shall  canvass  the  votes  of  all  delegates  to 
the  State  convention,  and  when  it  requires  more  votes  to  elect 
than  those  of  one  precinct,  they  shall  certify  the  result  of  the 
ballot  in  such  precinct  to  the  Clerk  of  the  Board  of  Election 
Commissioners,  and  shall  seal  up  the  ballots  cast  in  such  pre- 
cinct and  the  poll  lists,  and  on  the  outside  of  the  envelope  so 
sealed  the  election  officers  of  each  precinct  shall  write  and  sign 
a  certificate  to  the  effect  that  it  contains  all  the  ballots  cast  in 
such  precinct  and  the  poll  lists  kept  by  the  Clerks.  They  shall 
also,  in  a  separate  envelope,  send  a  certificate  of  the  number  of 
votes  cast  for  each  delegate  to  the  State  convention,  and  to  the 


Certifi- 
cates of 
election 


Delegates 
to  State 
conven- 
tion. 


county  convention,  when  it  takes  the  votes  of  more  than  one 
precinct  to  elect  a  delegate,  and  said  County  Clerk  shall  safely 
keep  such  ballots  and  poll  lists  until  the  adjournment  of  all 
political  conventions  in  that  year,  when  he  shall  destroy  the 
same.  In  case  it  requires  more  votes  than  is  cast  in  one  pre- 
cinct to  elect  a  delegate  to  the  county  or  State  convention,  the 
Clerk  shall  canvass  the  votes  of  the  precincts  voting  for  such 
delegates,  as  returned  by  the  precinct  officers,  and  issue  a  cer- 
tificate of  election  to  the  several  persons  receiving  a  plurality 
of  the  votes  of  his  party  in  such  precincts  as  are  within  the 
county. 

SEC.  11.  The  governing  body  in  the  county  of  each  political  General 
party  taking  part  in  such  primary  election  may  furnish  to  the  c 
Board  of  Election  Commissioners,  prior  to  or  at  the  time  of  the 
selection  by  the  said  Board  of  the  election  officers,  the  name  of 
an  elector  in  each  precinct  whom  such  party  is  desirous  to  have 
appointed  as  general  challenger  for  such  party.  It  shall  be  the 
duty  of  such  Board  of  Election  Commissioners,  finding  that 
the  person  named  is  a  resident  of  such  precinct,  and  that  his 
name  appears  on  the  last  Precinct  Register  of  said  precinct,  to 
appoint  such  person  as  such  challenger,  and  cause  a  certificate 
to  that  effect,  under  its  seal,  to  issue  to  such  person,  which  the 
said  Clerk  shall  transmit  to  such  person,  in  the  same  manner 
as  provided  in  this  Act  for  transmitting  the  certificates  to  the 
election  officers.  At  any  time  after  that,  and  as  soon  as  the  special 
third  day  before  the  election,  any  body  of  resident  voters  of  challenger- 
any  precinct,  not  less  than  the  number  of  delegates  of  said 
party  to  be  elected  in  said  precinct,  may  file  a  petition  with  the 
Board  of  Commissioners,  setting  forth  that  it  is  their  intention 
to  run  as  candidates  at  such  primary  election,  and  requesting 
the  appointment  of  some  person  as  a  special  challenger  to  act 
on  their  behalf,  and  naming  such  person.  It  shall  thereupon 
be  the  duty  of  said  Board  to  ascertain  if  such  person  has  the 
qualifications  hereinbefore  provided,  and  if  so,  to  appoint  such 
person,  and  cause  a  like  certificate  to  be  issued  to  him.  Such 
challengers  shall  act  without  compensation  when  so  appointed,  powers  of 
and  shall  be  sworn,  the  same  as  an  election  officer,  and  shall  gefsllen~ 
have  power  to  challenge  the  vote  of  any  person  by  him  believed 
to  be  voting  unlawfully,  upon  any  ground  mentioned  in  the 
general  election  law;  and  such  challengers,  during  the  prog- 
ress of  any  such  primary  election,  shall  be  vested  with  all  the 
powers  of  a  peace  officer;  he  shall  have  free  access  to  such  poll- 
ing place  during  the  election  and  the  counting  of  the  ballots. 

SEC.  12.     Any  person  who,  at   any  such   primary  election,  megai 
shall  vote  illegally  or  attempt  so  to  vote,  shall  be  subject  to  voting, 
the  same  punishment  as  provided  by  law  in  case  of  such  voting 
or  attempting  to  vote  at  the  general  election  in  this  State.     No 
person   shall  be  allowed  to  vote  whose  name  did  not  appear 
upon  the  Great  or  the  Precinct  Register  of  the  county,  in  the 
precinct  in  which  he  desires  to  vote,  at  the  last  general  election, 
as  a  person  entitled  to  vote  in  such  precinct.     If  the  election 
officers  at  such  primary  election  shall  knowingly  permit  any 
person  to  vote  after  being  challenged,  who  shows,  by  his  exam- 


—  10  — 

ination,  that  he  is  not  entitled  to  vote,  they  shall  be  guilty  of 
a  felony,  and  upon  conviction  thereof  be  imprisoned  in  State's 
Prison  not  less  than  one  nor  more  than  five  years. 

primary         SEC.  ^-     The  primary  elections  for  all  political  parties  or 
elections     organizations  within  the  State  shall  be  held  at  the  same  time 
parties        under  the  provisions   of   this  Act.      Each  political  party   or 
Seida?      organization  may  determine  for  itself  how  many  district  con- 
same  time,  ventions  it  will  hold  for  nominating  its  various  candidates; 
provided,  all  candidates  which  are  to  be  elected  within  a  given 
territory  must  be  nominated  in  the  same  convention.     Dele- 
District      gates  to  a  State  convention  may,   at  the  option  of   a  party, 
tionsen"      divide  themselves  into  district  conventions  to  nominate  mem- 
bers of  Congress,  of  the  Board  of  Equalization,  and  Railroad 
Commissioners,  respectively,  or  any  party  may,  at  its  option, 
select  separate  delegates  to  compose  any  or  all  such  district 
conventions. 

The  delegates  to  a  county,  or  city  and  county  convention 
must  nominate  all  the  candidates  which  it  desires  to  name  for 
a  county  or  city  and  county  office,  in  such  county  or  city  and 
county,  and  any  party  may  at  its  option  nominate  candidates 
for  State  Senator,  or  Assemblyman,  or  Supervisors,  or  Justices 
of  the  Peace,  or  Constable,  who  are  to  be  voted  for  in  such 
county,  or  city  and  county,  or  in  any  part  of  such  county,  or 
city  and  county;  or  any  party  may  at  its  option  elect  separate 
delegates  to  compose  any  senatorial,  assembly,  or  other  local 
convention.  Where  any  assembly  or  senatorial  district  is 
composed  of  more  than  one  county,  any  political  party  may 
select  separate  delegates  to  a  separate  convention,  to  nominate 
such  Assemblyman  or  Senator,  or  it  may,  at  its  option,  in 
any  county  convention  select  joint  delegates  to  meet  joint 
delegates  from  any  other  part  of  such  senatorial  or  assembly 
district  to  compose  a  convention  to  nominate  such  Assembly- 
man or  State  Senator. 

Form  of  Every  party  shall  cause  to  be  printed  or  written  upon  the 
ballot.  ballots  used  by  it  in  the  general  primary  election,  the  different 
sets  of  delegates  it  desires  to  choose  at  such  primary,  and  each 
set  of  delegates  must  be  separated  distinctly  from  every  other 
set  named  on  the  ballot,  and  over  each  separate  set  of  dele- 
gates must  be  printed  or  written  the  designation  of  the  conven- 
tion to  which  the  delegates  named  in  such  set  are  selected. 
The  tickets  shall  be  substantially  in  the  following  form — 
varied  to  suit  each  case: 

REPUBLICAN  PRIMARY  TICKET. 
Delegates  to  State  Convention.  Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 


— 11  — 

Delegates  to  Railroad  District  Convention, District.  Form  of 

Vote  for baUot- 

1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 

Delegates  to  Equalization  District  Convention.      Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 


Delegates  to  Congressional  District  Convention  for Con- 
gressional District.                                                   Vote  for 

1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 

Delegates  to  County  Convention  for County.     Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 


Delegates  to  State  Senatorial  Convention  for Senatorial 

District.  Vote  for 

1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

Delegates  to  Assembly  Convention  for Assembly  District. 

Vote  for 

1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

The  names  of  each  proposed  delegate  in  each  set  shall  be 
numbered  consecutively,  and  opposite  each  set  of  delegates  to  be  num- 
shall  be  expressed  the  number  to  be  voted  for  in  such  set.  If  bered'how- 
there  is  any  delegate  written  or  printed  for  whom  any  voter 
does  not  desire  to  vote,  or  if  there  be  more  names  in  any  set 
than  is  to  be  selected,  the  voter  may  erase  any  name  by  draw- 
ing a  line  through  such  name  with  ink,  and  not  otherwise.  If 
any  set  of  delegates  contain  more  names,  not  erased,  than  is 
allowed  by  law,  such  ticket  cannot  be  counted  as  to  such  set, 
but  must  be  counted  as  to  any  other  set  correctly  voted  for. 

SEC.  14.     At  a  general  primary  election  held  for  the  purpose 
of  electing  delegates  to  a  convention  other  than  a  State  con-  delegates, 
vention,  there  shall  be  elected  not  less  than  one  delegate  for 
each  party  convention  for  each  two  hundred  votes,  and  each 


—  12  — 


Eligibility 


Certificate 
of  election 


Size  of 
ballot. 


Expenses, 
how  pro- 
vided for. 


Board  of 
Election 
Commis- 
sioners, 
who  shall 
constitute. 


Offenses 

defined 

and 

penalties 

prescribed. 


fraction  of  one  hundred  or  more,  cast  in  such  precinct  at  the 
last  general  election;  provided,  that  no  convention  shall  be 
illegal  for  lack  of  the  election  of  a  delegate  or  delegates  in  any 
precinct.  In  selecting  delegates  for  a  State  convention  each 
political  party  or  organization  shall  determine  how  many  dele- 
gates it  will  choose  from  each  county,  city  and  county,  in  the 
State,  and  name  the  number  in  their  petition,  and  the  persons 
receiving  the  highest  vote  for  each  party  shall  be  determined 
by  canvassing  the  vote  in  the  various  precincts  as  provided  in 
section  ten  of  this  Act. 

SEC.  15.  At  any  time  in  any  county,  city  and  county,  city, 
or  township,  or  in  any  assembly  district  or  political  division 
within  this  State,  or  any  precinct  therein,  at  which  a  general 
primary  election  is  held  for  the  election  of  delegates  to  a  conven- 
tion, any  voter  entitled  to  vote  at  such  primary  election  may  be 
a  candidate  for  election  as  a  delegate  to  any  party  convention 
to  represent  the  precinct  or  district  in  which  he  is  a  voter. 

SEC.  16.  As  soon  as  the  returns  are  received  by  the  County 
Clerk,  he  shall  canvass  the  same  and  issue  a  certificate  of  elec- 
tion for  the  different  State  conventions,  to  the  different  persons 
receiving  a  plurality  of  the  party  votes  cast  for  such  delegates. 

SEC.  17.  The  ballot  to  be  used  at  such  general  primary  elec- 
tion shall  be  of  uniform  size,  twelve  inches  in  length  and  six 
inches  in  width. 

SEC.  18.  It  shall  be  the  duty  of  the  Board  of  Supervisors 
of  each  county  within  the  State  of  California,  to  appropriate 
from  the  general  funds  of  the  county  a  sufficient  sum  of  money 
to  pay  all  necessary  expenses  of  holding  any  such  primary 
elections  within  such  county;  and  it  shall  be  the  duty  of  the 
Auditor  of  each  county  within  the  State  of  California  to  draw 
upon  such  appropriated  funds  his  several  warrants  for  the  pay- 
ment of  all  expenses  of  such  primary  election  as  the  same 
shall  be  certified  to  him  by  the  County  Clerk;  such  expenses 
shall  consist  only  of  the  payment  for  the  box  in  which  to  keep 
the  names  selected,  for  polling  places,  election  officers,  for 
printing,  for  advertising,  for  stationery,  ballot-boxes,  and  postage 
stamps  and  tally  sheets.  The  several  political  parties  shall 
furnish  their  own  ballots. 

SEC.  19.  If  in  any  city  or  county  there  shall  not  be  by  law 
any  Board  of  Election  Commissioners,  then  all  duties  enjoined 
herein  upon  a  Board  of  Election  Commissioners  shall  be  enjoined 
upon  and  performed  by  the  Common  Council  or  Trustees  of  a 
city  or  the  Board  of  Supervisors  of  a  county;  and  all  duties 
enjoined  upon  the  Clerk  of  a  Board  of  Election  Commissioners, 
where  there  is  no  such  Board  in  any  city  or  county,  are  enjoined 
upon  and  shall  be  performed  by  the  Clerk  of  a  city  or  by  a 
County  Clerk,  as  the  case  may  be,  as  fully  and  with  equal 
force  and  effect  as  if  specifically  set  forth  in  this  Act. 

SEC.  20.  Any  act  denounced  as  an  offense  by  the  general 
laws  concerning  elections  of  this  State  shall  also  be  an  offense 
in  all  primary  elections,  and  in  all  matters  relating  thereto, 
antecedent  or  subsequent,  and  shall  be  punished  in  the  same 
form  and  with  like  penalties  as  is  prescribed  for  the  punish- 


—  13  — 

ment  of  similar  offenses  against  the  general  election  laws;  and 
all  the  provisions  and  penalties  provided  by  law  shall  apply  in 
all  cases  connected  with  primary  elections  with  equal  force,  and 
shall  be  as  effective  as  if  specifically  set  out  in  this  Act. 

SEC.  21.  No  candidate  can  have  his  name  printed  upon  any  9andi' 
ballot,  to  be  voted  for  as  a  candidate  for  public  office  at  any 
general  election  in  this  State,  unless  he  shall  have  been  nomi- 
nated by  a  convention  composed  of  delegates  chosen  as  pro- 
vided by  this  Act;  provided,  however,  that  nothing  in  this  Act 
shall  prevent  any  candidate  or  candidates  from  being  nomi- 
nated as  provided  by  section  eleven  hundred  and  eighty-eight  of 
the  Political  Code;  but  such  nominees  can  have  no  other  des- 
ignation upon  a  ballot  than  the  word  "  Independent." 

SEC.  22.  No  ticket  or  ballot  must,  on  the  day  of  election, 
be  given  or  delivered  to  or  received  by  any  person  except  the  limit. 
Inspector,  or  a  Judge  acting  as  Inspector,  within  one  hundred 
feet  of  the  polling  place.  No  person  must,  on  the  day  of  election, 
fold  any  ticket  or  unfold  any  ballot  which  he  intends  to  use 
in  voting,  within  one  hundred  feet  of  the  polling  place;  exhibit 
to  another  in  any  manner,  by  which  the  contents  thereof  may 
become  known,  any  ticket  or  ballot  which  he  intends  to  use  in 
voting.  No  person  must,  on  the  day  of  the  election,  within  one 
hundred  feet  of  the  polling  place,  exhibit  to  another  in  any 
manner  by  which  the  contents  thereof  may  become  known,  any 
ticket  or  ballot  which  he  intends  to  use  in  voting.  No  person 
must,  on  the  day  of  election,  within  one  hundred  feet  of  the  poll- 
ing place,  request  another  person  to  exhibit  or  disclose  the  con- 
tents of  any  ticket  or  ballot  which  such  other  persons  intend  to 
use  in  voting. 

SEC.  23.     No  polling  place  shall  be  held  in  any  saloon  where  saloons, 
malt,  vinous,  or  spirituous  liquors  are  sold,  or  in  any  room 
leading  from  or  in  any  manner  connected  with  such  saloon. 

SEC.  24.  Immediately  upon  making  out  the  credentials  of  Duties  of 
any  delegates  elected  under  this  law,  the  Clerk  charged  with  clerk- 
signing  such  credentials  shall  mail  to  the  Secretary  of  each 
political  party  or  organization  which  participated  in  the  pri- 
mary, a  complete  list  of  all  delegates  to  whom  credentials  shall 
have  been  given;  and  said  Clerk  must,  in  a  proper  book  to  be 
by  him  kept,  record  the  names  of  all  delegates  elected,  with 
the  vote  received  by  each,  specifying  those  to  whom  credentials 
have  been  given,  stating  when  and  where  such  credentials  were 
mailed;  and  if  any  delegate  entitled  to  credentials  shall  not 
have  received  his  credentials,  or  have  lost  the  same,  said  Clerk 
must,  upon  request,  issue  a  new  credential  to  such  delegate, 
which  must  be  stamped  "  Duplicate." 

SEC.  25.     In  years  when  by  law  Electors  of  President  and  when 
Vice-President  are  to  be  voted  for,  a  State  convention,  to  select  ^amect- 
delegates   to   a  National  convention,  to  select  candidates  for  ors  are  t<^ 
Elector  of  President  and  Vice-President,  and  at  its  option  to  manner  of 
divide  itself  into   a   district   convention,  or  district  conven- pro 
tions,  to  nominate  candidates   for  Congress  or  other  district 
nominees,  shall  be  composed  of  delegates  selected  pursuant  to 
this  Act  at  a  general  primary  for  such  purpose,  to  be  held  upon 


—  14 


Operative, 
where. 


Free  dis- 
tribution. 


the  last  Tuesday  of  March  in  each  such  year;  provided,  that 
in  all  counties  which  cast  less  than  nine  thousand  votes  for 
Governor  at  tne  last  preceding  general  election  any  political 
party  or  organization  entitled  to  participate  in  such  a  State 
convention  shall  not  be  bound  to  proceed  under  this  Act,  but 
may  select  delegates  to  such  a  State  convention  in  the  manner 
any  such  party  or  organization  may  respectively  determine  in 
any  such  last  mentioned  county. 

SEC.  26.  This  Act  shall  apply  to,  take  effect  in,  and  be  in 
force  only  in  counties  of  the  first  and  second  classes. 

SEC.  27.  Within  thirty  days  after  the  passage  of  this  Act  the 
Secretary  of  State  shall  cause  ten  thousand  copies  of  this  Act 
to  be  printed  in  pamphlet  form  for  free  distribution. 

SEC.  28.  All  Acts  and  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed. 

SEC.  29.     This  Act  shall  take  effect  immediately. 


Attest:     A  true  copy. 
[SEAL] 


L.  H.  BROWN, 

Secretary  of  State. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 
LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


\\w59T*r 

MAR  2  8  1959 

LD  21A-50m-9,'58                               IT   .Gen.eralf  Jbr.aP'     . 
(6889slO)476B                                    University  of  California 

(:a^ord  Bros 

Bakers 
Practise,  #  y 

"i-nn.** 


T 


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